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E+W+S+N.I.

Health Authorities Act 1995

1995 CHAPTER 17

An Act to abolish Regional Health Authorities, District Health Authorities and Family Health Services Authorities, require the establishment of Health Authorities and make provision in relation to Health Authorities and Special Health Authorities and for connected purposes.

[28th June 1995]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

2Related amendments.E+W+S+N.I.

(a)amendments consequential on, or otherwise connected with, the provision made by section 1(1), and

(b)other amendments relating to Health Authorities and Special Health Authorities.

(2)The Secretary of State may by order make in any local Act such amendments as appear appropriate in consequence of, or otherwise in connection with, the provision made by section 1(1) or by subsection (1) (and Schedule 1).

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

(1)The functions of Regional Health Authorities, District Health Authorities and Family Health Services Authorities shall include the power to do anything which appears appropriate for facilitating the implementation of any provision made by or by virtue of this Act.

(2)The Secretary of State may by regulations provide for functions exercisable by a Family Health Services Authority to be exercisable—

(a)on their behalf—

(i)by a District Health Authority or two or more District Health Authorities jointly, or

(ii)by a joint DHA/FHSA committee, or

(b)by them jointly with one or more District Health Authorities.

(3)The Secretary of State may by regulations provide for functions exercisable by a District Health Authority to be exercisable—

(a)on their behalf—

(i)by two or more Family Health Services Authorities jointly, or

(ii)by a joint DHA/FHSA committee, or

(b)by them jointly with one or more Family Health Services Authorities.

(4)Regulations made under this section in respect of any function shall not, except in prescribed cases, preclude an authority by whom the function is exercisable apart from the regulations from exercising the function.

(5)In this section—

“District Health Authority” and “functions” have the same meanings as in the M1National Health Service Act 1977,

(6)The powers to make regulations conferred by this section are in addition to the power conferred by section 16 of the M2National Health Service Act 1977 (which, in particular, permits the making of regulations providing for functions exercisable by a District Health Authority to be exercisable on their behalf by a Family Health Services Authority).

(7)Section 17 of the M3National Health Service Act 1977 (directions as to exercise of functions) applies in relation to functions exercisable under or by virtue of this section as if they were exercisable by virtue of section 16 of that Act; and the provisions of that Act relating to directions given in pursuance of section 17 apply accordingly.

(8)In the M4National Health Service Act 1977, in section 18(3), the words following paragraph (b) (which would preclude functions of a Family Health Services Authority under section 15 of that Act from being exercisable by a District Health Authority) shall cease to have effect.

(9)Section 125 of the M5National Health Service Act 1977 (protection of members and officers of authorities) applies as if this section were contained in that Act.

(10)This section (apart from subsection (8)) shall cease to have effect on 1st April 1996.]

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5 Repeals and revocations.E+W+S+N.I.

(1)The enactments and instruments specified in Schedule 3 (which include spent provisions) are repealed or revoked to the extent specified in the third column of that Schedule.

(2)Except so far as relating to the repeal in section 18(3) of the M6National Health Service Act 1977, subsection (1) (and Schedule 3) shall not come into force until 1st April 1996.

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6 Subordinate instruments.E+W+S+N.I.

(1)Subject to subsection (2), any power to make an order or regulations under this Act shall be exercisable by statutory instrument.

(2)Subsection (1)—

(a)does not apply to the power conferred by paragraph 2 of Schedule 2, and

(b)does not apply to the power conferred by paragraph 4 of that Schedule unless it is exercised in relation to property which consists of or includes trust property.

(3)A statutory instrument containing an order or regulations made under this Act, other than a statutory instrument containing only an order made under section 9(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Where any provision of this Act confers power to make an order or a scheme, the provision includes power to vary or revoke any order or scheme previously made under the provision.

(5)Subsection (4) is without prejudice to the operation of section 14 of the M7Interpretation Act 1978 (implied power to amend regulations, orders made by statutory instrument etc.) in relation to this Act.

(6)Subsections (4) and (5) of section 126 of the M8National Health Service Act 1977 (supplementary provisions about orders etc. made under that Act) apply in relation to orders, regulations and schemes made under this Act as if the provisions of this Act were contained in that Act.

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7 Financial provisions.E+W+S+N.I.

(b)any increase attributable to this Act in the sums payable out of money so provided under any other Act.

(2)Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

8 Commencement of provisions conferring functions.E+W+S+N.I.

(1)Section 1(1), section 2(1) (and Schedule 1) and section 4(1) (and Schedule 2) shall come into force on the passing of this Act so far as is necessary for enabling the making of any regulations, orders, directions, schemes or appointments for which they provide.

(2)Subsection (1) is without prejudice to the operation of section 13 of the M9Interpretation Act 1978 (anticipatory exercise of powers) in relation to this Act.

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9 Extent.E+W+S+N.I.

(1)Sections 1 and 3, and paragraphs 1 to 15 of Schedule 2, extend to England and Wales only.

(2)The amendment of any enactment made by section 2(1) (and Schedule 1), and the repeal or revocation of any enactment or instrument made by section 5(1) (and Schedule 3), has the same extent as the provision amended, repealed or revoked.

(3)The Secretary of State may by order provide that this Act shall apply in relation to the Isles of Scilly subject to such modifications as are specified in the order.

10 Short title.E+W+S+N.I.

This Act may be cited as the Health Authorities Act 1995.

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SCHEDULES

Section 2(1).

SCHEDULE 1E+W+S+N.I. Amendments

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Extent Information

E4Sch. 1 does not extend to the Colonies; the amending/repealing provisions within Sch. 1 are co-extensive with the enactments they affect see s.9(2).

Part IE+W Amendments of the National Health Service Act 1977

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

(e)for the sidenote substitute “ Duty of Health Authority in relation to family health services. ”

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“16 Exercise of functions.

(1)Regulations may provide for functions exercisable by a Health Authority under or by virtue of this Act or the M11National Health Service and Community Care Act 1990, or under or by virtue of any prescribed provision of any other Act, to be exercisable—

(a)on behalf of the Health Authority—

(i)by another Health Authority;

(ii)by a committee or sub-committee, or an officer, of the Health Authority or another Health Authority;

(iii)by a joint committee, or joint sub-committee, of the Health Authority and one or more other Health Authorities;

(iv)by a Special Health Authority; or

(v)by an officer of a Special Health Authority; or

(b)by the Health Authority jointly with one or more other Health Authorities.

(2)Regulations may provide for functions exercisable by a Special Health Authority by virtue of section 11 or 13 above to be exercisable—

(a)on behalf of the Special Health Authority—

(i)by another Special Health Authority;

(ii)by a committee or sub-committee, or an officer, of the Special Health Authority or another Special Health Authority; or

(iii)by a joint committee, or joint sub-committee, of the Special Health Authority and one or more other Special Health Authorities; or

(b)by the Special Health Authority jointly with one or more other Special Health Authorities.”

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“17 Directions as to exercise of functions.

(1)The Secretary of State may give directions with respect to the exercise—

(a)by Health Authorities of any functions exercisable by them under or by virtue of this or any other Act; and

(b)by Special Health Authorities of any functions exercisable by them by virtue of section 11 or 13 above or under the M12National Health Service and Community Care Act 1990.

(2)It shall be the duty of a Health Authority or Special Health Authority to whom directions are given under subsection (1) above to comply with the directions.”

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(a)in subsection (1), for the words from “section” to “those Authorities” substitute “ section, in the case of the area of each Health Authority, a council for the area, or separate councils for such separate parts of the area ”, and

(ii)in paragraph (b), for “an Area Health Authority or of the district of a District Health Authority” substitute “ a Health Authority ”.

12In section 22 (co-operation between health authorities and local authorities)—E+W

(a)in subsection (1), for “health authorities, Family Practitioner Committees and local authorities” substitute “ Health Authorities and Special Health Authorities (on the one hand) and local authorities (on the other) ”,

(b)in subsection (2), after “who shall” insert “ advise ”,

(c)omit the Table,

(d)for subsection (3) substitute—

“(3)Except as provided by an order under the following provisions of this section, each joint consultative committee shall represent one or more Health Authorities together with, in the case of each, one or more associated local authorities; and a Health Authority shall be represented together with each of the local authorities associated with that Health Authority in one or other of the committees (but not necessarily the same committee).

(3ZA)For the purposes of subsection (3) above a local authority is associated with a Health Authority if it is a local authority whose area is wholly or partly within the area of the Health Authority.”, and

(e)in subsection (4)(b), for the words from “an Area” to the end substitute “ a Health Authority to be represented on a joint consultative committee together with a local authority none of whose area is within the area of the Health Authority; ”.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

(c)for “by a health authority or an NHS trust of dental services” substitute “ of dental services by a Health Authority, a Special Health Authority or an NHS trust ”.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

(a)in that subsection as so renumbered, for “make available, in premises provided by him by virtue of this Act,” substitute “ exercise his functions under this Act and Part I of the M13National Health Service and Community Care Act 1990 so as to secure that there are made available ”, and

(b)after that subsection insert—

“(2)Regulations may provide for any functions exercisable by a Health Authority or Special Health Authority in relation to the provision of facilities such as are mentioned in subsection (1) above to be exercisable by the Health Authority or Special Health Authority jointly with one or more other relevant health service bodies.

(3)For the purposes of subsection (2) above the following are relevant health service bodies—

(a)Health Authorities;

(b)Special Health Authorities; and

(c)NHS trusts.”

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

(ii)for the words from “available, such charges” to “satisfied” substitute “ available, such charges as the Health Authority or Special Health Authority may determine and may make and recover such charges as they may determine in respect of such accommodation and services and calculate those charges on any basis that they consider to be the appropriate commercial basis; but they shall do so only if and to the extent that they are satisfied ”, and

(iii)for “the Authority of any function conferred on the Authority under” substitute “ the Health Authority or Special Health Authority of any function conferred on them under ”,

“97 Means of meeting expenditure of Health Authorities and Special Health Authorities out of public funds.

(1)It is the duty of the Secretary of State to pay to each Health Authority sums equal to expenditure of the Health Authority which—

(a)is attributable to the payment of remuneration to persons providing services in pursuance of Part II of this Act; but

(b)is not expenditure within subsection (2) below.

(2)It is also the duty of the Secretary of State to pay in respect of each financial year to each Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Health Authority towards meeting the expenditure of the Health Authority which is attributable to the reimbursement of expenses of persons providing services in pursuance of Part II of this Act which are expenses—

(a)incurred in connection with the provision of the services (or in giving instruction in matters relating to the services); and

(b)of a description specified in the allotment.

(3)It is also the duty of the Secretary of State to pay in respect of each financial year to each Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Health Authority towards meeting the expenditure of the Health Authority which—

(a)is attributable to the performance by the Health Authority of their functions in that year; but

(b)is not expenditure within subsection (1) or (2) above.

(4)It is the duty of the Secretary of State to pay in respect of each financial year to each Special Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Special Health Authority towards meeting the expenditure of the Special Health Authority which is attributable to the performance by the Special Health Authority of their functions in that year.

(5)An amount is allotted to a Health Authority or Special Health Authority for a year under this section when they are notified by the Secretary of State that it is allotted to them for that year; and the Secretary of State may make an allotment under this section increasing or reducing an allotment previously so made.

(6)The Secretary of State may give directions to a Health Authority or Special Health Authority with respect to—

(a)the application of sums paid to them under subsections (1) to (3), or subsection (4), above;

(b)the payment of sums by them to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets; or

(c)the application by them of sums received by them by virtue of section 15(7)(a) of the M14National Health Service and Community Care Act 1990.

(7)Where directions have been given to a Health Authority or Special Health Authority under subsection (6) above it is the duty of the Health Authority or Special Health Authority to comply with the directions.

(8)Where an order establishing a Special Health Authority provides for any expenditure of the Special Health Authority to be met by a Health Authority or by two or more Health Authorities in portions determined by or in accordance with the order, it is the duty of the Health Authority, or each of the Health Authorities, to pay to the Special Health Authority sums equal to, or to the appropriate portion of, that expenditure.

(9)Sums falling to be paid under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.”

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“97A Financial duties of Health Authorities and Special Health Authorities.

(1)It is the duty of every Health Authority, in respect of each financial year, to perform their functions so as to secure that the expenditure of the Health Authority which is attributable to the performance by them of their functions in that year (not including expenditure within subsection (1) of section 97 above) does not exceed the aggregate of—

(a)the amounts allotted to them for that year under subsections (2) and (3) of that section;

(b)any sums received by them in that year under any provision of this Act (other than sums received by them under that section); and

(c)any sums received by them in that year otherwise than under this Act for the purpose of enabling them to defray any such expenditure.

(2)It is the duty of every Special Health Authority, in respect of each financial year, to perform their functions so as to secure that the expenditure of the Special Health Authority which is attributable to the performance by them of their functions in that year does not exceed the aggregate of—

(a)the amount allotted to them for that year under subsection (4) of section 97 above;

(b)any sums received by them in that year under any provision of this Act (other than sums received by them under that subsection); and

(c)any sums received by them in that year otherwise than under this Act for the purpose of enabling them to defray any such expenditure.

(3)The Secretary of State may give such directions to a Health Authority or Special Health Authority as appear to be requisite to secure that the Health Authority or Special Health Authority comply with the duty imposed on them by subsection (1) or (2) above.

(4)Directions under subsection (3) above may be specific in character.

(5)Where directions have been given to a Health Authority or Special Health Authority under subsection (3) above it is the duty of the Health Authority or Special Health Authority to comply with the directions.

(6)To the extent to which—

(a)any expenditure is defrayed by a Health Authority or Special Health Authority as trustee or on behalf of a Health Authority or Special Health Authority by special trustees; or

(b)any sums are received by a Health Authority or Special Health Authority as trustee or under section 96A above,

that expenditure and, subject to subsection (8) below, those sums shall be disregarded for the purposes of this section.

(7)For the purposes of this section sums which, in the hands of a Health Authority or Special Health Authority, cease to be trust funds and become applicable by the Health Authority or Special Health Authority otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the Health Authority or Special Health Authority otherwise than as trustee.

(8)Of the sums received by a Health Authority or Special Health Authority under section 96A above so much only as accrues to the Health Authority or Special Health Authority after defraying any expenses incurred in obtaining them shall be disregarded under subsection (6) above.

(9)Subject to subsection (6) above, the Secretary of State may by directions determine—

(a)whether sums of a description specified in the directions are, or are not, to be treated for the purposes of this section as received under this Act by a Health Authority or Special Health Authority of a description specified in the directions;

(b)whether expenditure of a description specified in the directions is, or is not, to be treated for those purposes as—

(i)expenditure within subsection (1) above of a Health Authority of a description so specified; or

(ii)expenditure within subsection (2) above of a Special Health Authority of a description so specified; or

(c)the extent to which, and the circumstances in which, sums received—

(i)by a Health Authority under subsections (1) to (3) of section 97 above; or

(ii)by a Special Health Authority under subsection (4) of that section,

but not yet spent are to be treated for the purposes of this section as part of the expenditure of the Health Authority or Special Health Authority and to which financial year’s expenditure they are to be attributed.”

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52In section 103 (special arrangement as to payment of remuneration), in subsection (3), for “Family Health Services Authority which, under Part II of this Act, has” substitute “ Health Authority which, under Part II of this Act, have ”.E+W

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

56In section 125 (protection of members and officers of authorities), for paragraphs (a) to (d) substitute—E+W

“(a)a Health Authority,

(b)a Special Health Authority, and

(c)an NHS trust,”.

57In section 126 (regulations and directions: general provisions), for the second sentence of subsection (3) substitute—E+W

“(3A)Directions given by the Secretary of State in pursuance of any provision of this Act or Part I of the M15National Health Service and Community Care Act 1990 shall be given by an instrument in writing.

(3B)In relation to directions given in pursuance of sections 11 to 17 above section 18 above applies in place of subsections (3) and (3A) above.”

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59In Schedule 5 (authorities), insert as Part I (and in substitution for the existing heading of the Schedule)— “Health Authorities and Special Health Authorities E+W

Part IE+W Membership of Health Authorities

1A Health Authority shall consist of—

(a)a chairman appointed by the Secretary of State;

(b)not more than a prescribed number of persons (not being officers of the Health Authority) appointed by the Secretary of State; and

(c)a prescribed number of officers of the Health Authority.

2Regulations may provide that all or any of the persons appointed as members of a Health Authority under paragraph 1(b) above—

(a)must hold posts of a prescribed description; or

(b)must fulfil any other prescribed conditions.

3Regulations shall provide that each of the persons who is a member of a Health Authority under paragraph 1(c) above must either—

(a)hold an office of the Health Authority of a prescribed description; or

(b)be appointed by the chairman of the Health Authority and the persons appointed as members of the Health Authority under paragraph 1(b) above.

4Regulations may provide for a person of a prescribed description who is not an officer of a Health Authority to be treated for the purposes of this Part of this Schedule, and any other prescribed provision relating to members of (or of committees or sub-committees of) Health Authorities, as if he were such an officer.”

60In Part III of that Schedule (supplementary provisions about authorities)—E+W

(a)in paragraph 8, for the words from “Regional” to “Committee” substitute “ Health Authority and each Special Health Authority ”,

(b)in paragraph 9—

(i)in sub-paragraph (1), omit “or a Regional Health Authority”, and

(ii)in sub-paragraph (7), for the words from “means” to “which is specified” substitute “means—

(a)a Health Authority; or

(b)any Special Health Authority which is specified”,

(c)in paragraph 10—

(i)in sub-paragraph (1)(b), after “employ” insert “ a chief officer and officers of such other descriptions as may be prescribed and to employ ”, and

(ii)in sub-paragraph (3), omit paragraphs (b) and (d),

(d)in paragraph 11, omit—

(i)in sub-paragraph (2), “or, as the case may be, a Regional Health Authority’s,”, “or the Authority” (in both places), “or itself” and “or paragraph (d)”, and

(b)in paragraph 3(d), for the words from “Regional” to the end substitute “ Health Authority. ”,

(c)in paragraph 7, in the definition of “district”, for the words from “the locality” to “District Health Authorities” substitute “ the district for which it is established, whether the district consists of the whole or part of the area of a Health Authority or of the whole or part of the area of one Health Authority together with the whole or part of the area of one or more others, ”, and

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Part IIE+W+S Amendments of the National Health Service and Community Care Act 1990

65The M16National Health Service and Community Care Act 1990 shall be amended as follows.E+W+S

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66In section 1 (regional and district health authorities), in subsection (3), for “Part III of Schedule 5 to the principal Act” substitute “ In the M17National Health Service Act 1977 (in this Part of this Act referred to as “the principal Act”), Part III of Schedule 5 ”.E+W

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67In section 3 (primary and other functions of health authorities etc. and exercise of functions)—E+W

(a)for subsection (1) substitute—

“(1)Any reference in this Act to the primary functions of a Health Authority or Special Health Authority is a reference to those functions for the time being exercisable by the Health Authority or Special Health Authority by virtue of—

(a)directions under section 11 or 13 of the principal Act;

(b)section 15 or Part II of the principal Act; or

(c)any provision of this Act (apart from subsection (2) below).”,

(b)in subsection (2), for—

(i)“Regional, District or Special Health Authority or a Family Health Services Authority”, and

(ii)“authority”,

substitute “ Health Authority or Special Health Authority ”,

(c)in subsection (5), for—

(i)“Regional, District or Special Health Authority”, and

(ii)“authority”,

substitute “ Health Authority or Special Health Authority ”,

(d)in subsection (6)—

(i)in paragraph (a), for “Regional, District or Special Health Authority” substitute “ Health Authority or Special Health Authority ”,

(ii)in paragraph (b), for “health authority” substitute “ authority which is a Health Authority or Special Health Authority ”, and

(iii)in the words following that paragraph, for “the authority” substitute “ the Health Authority or Special Health Authority ” and for “other health authority” substitute “ other authority ”, and

(e)in subsection (8), for—

(i)“Regional, District or Special Health Authority”, and

(ii)“authority”,

substitute “ Health Authority or Special Health Authority ”.

68In section 4 (NHS contracts), in subsection (2)—E+W

(a)for paragraph (a) substitute—

“(a)a Health Authority;

(aa)a Special Health Authority;”, and

(b)omit paragraph (d).

69In section 5 (NHS trusts)—E+W

(a)in subsection (1), for “Regional, District or Special Health Authorities” substitute “ Health Authorities or Special Health Authorities ”,

(b)for subsections (2) to (4) substitute—

“(2)No order shall be made under subsection (1) above until after the completion of such consultation as may be prescribed.”,

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“(1)In respect of each financial year, every Health Authority shall be liable to pay to the members of each recognised fund-holding practice in relation to which they are the relevant Health Authority a sum determined by the Secretary of State in such manner and by reference to such factors as the Secretary of State may direct (in this section referred to as an “allotted sum”).”,

(b)omit subsection (2),

(c)in subsection (3), omit “or subsection (2)”,

(d)for subsection (4) substitute—

“(4)In any case where—

(a)a Health Authority make a payment of, or of any part of, an allotted sum to the members of a recognised fund-holding practice, and

(b)some of the individuals on the list of patients of any of the members of the practice reside in the area of another Health Authority, or in the area of a Health Board,

the Health Authority making the payment shall be entitled to recover from that other Health Authority, or from that Health Board, an amount equal to such portion of the payment as may be determined in accordance with directions given by the Secretary of State.”,

(e)omit subsection (5),

(f)in subsection (7)—

(i)in paragraph (a), for “Regional Health Authority”, and

(ii)in paragraph (c), for “District Health Authority”,

substitute “ Health Authority ”,

(g)omit subsection (8), and

(h)in subsection (9), for—

(i)“Family Health Services Authority”, and

(ii)“Authority”, in the other place,

substitute “ Health Authority ”.]

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82In section 49 (regulations for the transfer of staff from the health service to local authorities), in subsection (4)(b), for “Regional, District or Special Health Authority” substitute “ Health Authority or Special Health Authority ”.E+W

“(a)a Health Authority established under section 8 of the M18National Health Service Act 1977;

(aa)a Special Health Authority established under section 11 of that Act;”, and

(b)omit paragraph (d).

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(i)directions under section 13 of the M20National Health Service Act 1977;

(ii)Part II of that Act; or

(iii)section 5 of this Act; or”.

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Part IIIE+W+S+N.I. Amendments of other enactments

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88In the second Schedule to the M23Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (paying authorities), in Part I, for paragraph 15 substitute—E+W+S

“15. Officer of a Health Authority, a Special Health Authority or any other body constituted under the M24National Health Service Act 1977 or the M25National Health Service and Community Care Act 1990

The Health Authority, Special Health Authority or other body.

15A. Officer of a Health Board, the Common Services Agency for the Scottish Health Service or any other body constituted under the M26National Health Service (Scotland) Act 1978

The Health Board, Agency or other body.”,

and, in paragraph 16, for the entry in the second column substitute “ The Health Authority or Health Board for the area for which the services are provided. ”

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The Landlord and Tenant Act 1954E+W

89In section 57 of the M27Landlord and Tenant Act 1954 (modification on grounds of public interest of rights under Part II of that Act), in subsection (6), for the words from “Regional” to “special health authority” substitute “ Health Authority or Special Health Authority ”.E+W

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The Public Records Act 1958E+W+S+N.I.

90In the first Schedule to the M28Public Records Act 1958 (definition of public records), in the Table at the end of paragraph 3, in Part I, in the second column, at the end of the entry relating to health service hospitals insert—E+W+S+N.I.

“records of trust property passing to a Health Authority or Special Health Authority by virtue of the Health Authorities Act 1995 or under section 92 of the M29National Health Service Act 1977 or held by a Health Authority under section 90 or 91 of that Act.”

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The Public Bodies (Admission to Meetings) Act 1960E+W+S

91In the Schedule to the M30Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies), for paragraph 1(f) and (g) substitute—E+W+S

“(f)Health Authorities, except as regards the exercise of functions under the M31National Health Service (Service Committees and Tribunal) Regulations 1992 or any regulations amending or replacing those Regulations;

(g)if the order establishing a Special Health Authority so provides, the Special Health Authority;”.

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The Human Tissue Act 1961E+W+S

92In section 1 of the Human Tissue Act 1961 (removal of parts of bodies for medical purposes), in subsection (10)(a), for “has the meaning given by section 128(1) of the National Health Service Act 1977” substitute “ means a Health Authority established under section 8 of the M32National Health Service Act 1977 or a Special Health Authority established under section 11 of that Act ”.E+W+S

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The Parliamentary Commissioner Act 1967E+W+S+N.I.

(a)for the words from “Regional” to “special health authority” substitute “ Health Authority, a Special Health Authority ”, and

(b)omit “a Family Practitioner Committee,”.

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The Leasehold Reform Act 1967E+W

94In section 28 of the M34Leasehold Reform Act 1967 (retention or resumption of land required for public purposes)—E+W

(a)in subsection (5)(d), for the words from “Regional” to “special health authority” substitute “ Health Authority, any Special Health Authority ”, and

(b)in subsection (6), in the second sentence, in paragraph (c), for the words from “Regional” to “special health authority” substitute “ Health Authority, Special Health Authority ”.

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“(5A)The Secretary of State may by regulations provide for any functions exercisable by a Health Authority or Special Health Authority under or in relation to arrangements made under subsection (1) above to be exercisable by the Health Authority or Special Health Authority jointly with one or more other relevant health service bodies; and section 126 of the 1977 Act shall apply in relation to regulations made under this subsection as if this subsection were contained in that Act.

(5B)For the purposes of subsection (5A) above the following are relevant health service bodies—

(a)Health Authorities;

(b)Special Health Authorities; and

(c)NHS trusts.”, and

(d)after subsection (8) insert—

“(8A)Expressions used in both this section and the 1977 Act have the same meaning in this section as in that Act.”

(3)In section 64 (financial assistance to voluntary organisations), in subsection (3)(b), for “a Family Practitioner Committee is, by virtue of Part IV of the M36National Health Service Act 1946,” substitute “ a Health Authority are, by virtue of Part II of the M37National Health Service Act 1977, ”.

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The Post Office Act 1969E+W+S+N.I.

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The National Health Service Reorganisation Act 1973E+W+S

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The Health and Safety at Work etc. Act 1974E+W+S

99In section 60 of the M41Health and Safety at Work etc. Act 1974 (employment medical advisory service: supplementary), in subsection (1), for “Area Health Authority and each District Health Authority arranges for one of its officers who is” substitute “ Health Authority arranges for ”.E+W+S

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The House of Commons Disqualification Act 1975E+W+S+N.I.

100In Schedule 1 to the M42House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House of Commons), in Part III, for the entry beginning “Chairman or any member, not being also an employee, of any Regional Health Authority” substitute— “ Chairman or any member, not being also an employee, of any Health Authority or Special Health Authority which is a relevant authority for the purposes of paragraph 9(1) of Schedule 5 to the M43National Health Service Act 1977. ”E+W+S+N.I.

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The Adoption Act 1976E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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The Nurses, Midwives and Health Visitors Act 1979E+W+S+N.I.

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The Overseas Development and Co-operation Act 1980E+W+S+N.I.

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The Local Government Finance Act 1982E+W

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The Mental Health Act 1983E+W+S+N.I.

(a)in subsection (3), for the words from “Regional” to the end substitute “ , Health Authority or Special Health Authority, by that National Health Service trust, Health Authority or Special Health Authority. ”, and

(a)for “Regional Health Authority, District Health Authority National Health Service trust or special health authority” substitute “ Health Authority, Special Health Authority or National Health Service trust ”, and

(b)in subsection (3), for the words from “section” to “for the area” substitute “ section “the Health Authority” means the Health Authority, and “the local social services authority” means the local social services authority, for the area ”.

(10)In section 134 (correspondence of patients), in subsection (3)(e), for “health authority within the meaning of the M51National Health Service Act 1977” substitute “ Health Authority or Special Health Authority ”.

(11)In section 139 (protection for acts done in pursuance of that Act), in subsection (4), for “health authority within the meaning of the National Health Service Act 1977” substitute “ Health Authority or Special Health Authority ”.

(12)In section 140 (notification of hospitals having arrangements for reception of urgent cases)—

““Health Authority” means a Health Authority established under section 8 of the M52National Health Service Act 1977;”,

(b)in paragraph (a) of the definition of “the managers”, for “District Health Authority or special health authority” substitute “ Health Authority or Special Health Authority ”, and

(c)after the definition of “restriction order” insert—

““Special Health Authority” means a Special Health Authority established under section 11 of the National Health Service Act 1977;”.

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(5)In section 13 (regulations for control of certain diseases), in subsection (4)(a), for the words from “Regional Health Authorities” to “special health authorities” substitute “ Health Authorities, Special Health Authorities or National Health Service trusts ”.

(7)In section 39 (keeper of common lodging-house to notify case of infectious disease), in subsection (3), for “Area Health Authority within whose area, or the District Health Authority within whose district,” substitute “ Health Authority within whose area ”.

(8)In section 41 (removal to hospital of inmate of common lodging-house with notifiable disease), in subsection (1)—

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“(1A)It shall also be the duty of the Secretary of State to give to each NHS trust which is responsible for the management of a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital for the management of which that NHS trust is responsible—

(a)such arrangements are made for dealing with complaints made by or on behalf of persons who are or have been patients at that hospital; and

(b)such steps are taken for publicising the arrangements so made,

as (in each case) are specified or described in the directions.”

(3)Omit section 1A (NHS trust hospitals).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

(ii)in the definition of “the managers”, after “(other than a special hospital” and after “(other than a State hospital” insert “ or a hospital vested in a National Health Service trust ” and for “District Health Authority or special health authority” substitute “ Health Authority or Special Health Authority ”.

(4)In section 16 (interpretation), in subsection (1)—

(a)after the definition of “guardian” insert—

““Health Authority” means a Health Authority established under section 8 of the 1977 Act;”, and

(b)after the definition of “services” insert—

““Special Health Authority” means a Special Health Authority established under section 11 of the 1977 Act;”.

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The Education (No.2) Act 1986E+W

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(d)in subsection (9), for the words from “ “Regional” to “1977”” substitute “ “Health Authority” means a Health Authority established under section 8 of the M58National Health Service Act 1977 and “Special Health Authority” means a Special Health Authority established under section 11 of that Act ”.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

The Income and Corporation Taxes Act 1988E+W+S+N.I.

“(a)a Health Authority established under section 8 of the National Health Service Act 1977;

(aa)a Special Health Authority established under section 11 of that Act;”, and

(b)omit paragraph (c).

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The Dartford-Thurrock Crossing Act 1988E+W

115In section 19 of the M60Dartford-Thurrock Crossing Act 1988 (exemption from tolls), in paragraph (b), for “health authority (as defined in the M61National Health Service Act 1977)” substitute “ Health Authority established under section 8 of the National Health Service Act 1977 or a Special Health Authority established under section 11 of that Act ”.E+W

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The Community Health Councils (Access to Information) Act 1988E+W

116In section 1 of the M62Community Health Councils (Access to Information) Act 1988 (access to Council meetings and documents), in subsection (6)(a), for the words from “regional” to “region or district” substitute “ Health Authority within whose area ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

““Health Authority” means a Health Authority established under section 8 of the M65National Health Service Act 1977;”, and

(c)for the definition of “special health authority” substitute—

““Special Health Authority” means a Special Health Authority established under section 11 of the National Health Service Act 1977;”.

Annotations:

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““Health Authority” means a Health Authority established under section 8 of the National Health Service Act 1977;”,

(b)in the definition of “health service body”, for paragraph (a) substitute—

“(a)a Health Authority or Special Health Authority;”, and

(c)after the definition of “parental responsibility” insert—

““Special Health Authority” means a Special Health Authority established under section 11 of the National Health Service Act 1977.”

Annotations:

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(d)in subsection (9), for the words from “District” to the end substitute “ Health Authority are references to any Health Authority established under section 8 of the National Health Service Act 1977. ”

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

The Tribunals and Inquiries Act 1992E+W+S+N.I.

123In Schedule 1 to the M70Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council on Tribunals), in Part I, for paragraph 33 substitute—E+W+S+N.I.

“National Health Service

33.

(a) Health Authorities established under section 8 of the M71National Health Service Act 1977 (c. 49) in respect of their functions under the M72National Health Service (Service Committees and Tribunal) Regulations 1992 or any regulations amending or replacing those Regulations;

(b) the tribunal constituted under section 46 of that Act;

(c) committees of Health Authorities established under regulation 3 of those Regulations or any provision amending or replacing that regulation.”

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The Education Act 1993E+W

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The Welsh Language Act 1993E+W+S+N.I.

“(f)a Health Authority established under section 8 of the M74National Health Service Act 1977 or a Special Health Authority established under section 11 of that Act;”, and

(b)omit paragraph (h).

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

The Value Added Tax Act 1994E+W+S+N.I.

127In Schedule 8 to the M76Value Added Tax Act 1994 (zero-rating), in Part II, in Group 15, in Note (4)(a), for “Regional, District or Special Health Authority” substitute “ Health Authority or Special Health Authority ”.E+W+S+N.I.

Annotations:

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SCHEDULE 2E+W+S+N.I. Transitional provisions and savings

Property, rights and liabilities of RHAs, DHAs, FHSAs and SHAsE+W

(a)all property held by a Regional Health Authority immediately before that date, and

(b)all rights and liabilities to which a Regional Health Authority are entitled or subject immediately before that date,

shall by virtue of this sub-paragraph be transferred to and vest in the Secretary of State.

(2)Sub-paragraph (1) has effect in relation to any rights and liabilities which immediately before 1st April 1996 are (by or by virtue of any enactment) enforceable by or against a Regional Health Authority so that on and after that date they are enforceable by or against the Secretary of State.

(3)Sub-paragraph (1) does not apply to—

(a)property, rights or liabilities transferred to an NHS trust on 1st April 1996,

(b)property, rights or liabilities transferred by virtue of paragraph 3 of this Schedule or section 92 of the M77National Health Service Act 1977 (transfers of trust property and rights and liabilities arising from trust property) on that date, or

(c)rights or liabilities which are transferred by paragraph 9 of this Schedule (or would be so transferred but for sub-paragraph (5) or (8) of that paragraph) or to which paragraph 14 of this Schedule applies.

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2(1)The Secretary of State may, where it appears appropriate to do so, by order transfer to a specified Health Authority or Special Health Authority any specified property, rights or liabilities which have been transferred by paragraph 1(1).E+W

(2)An order may be made under sub-paragraph (1) to have effect in relation to any specified rights or liabilities such as are mentioned in paragraph 1(2) so that they are enforceable by or against (or only by or against) a specified [F33Primary Care Trust,][F34Strategic Health Authority,]Health Authority or Special [F33Primary Care Trust,][F34Strategic Health Authority,]Health Authority.

(3)An order made under sub-paragraph (1) may take effect immediately after paragraph 1 takes effect or on a later specified date.

(4)An order made under sub-paragraph (1) may, in particular, specify any Special Health Authority administering a scheme under section 21 of the M78National Health Service and Community Care Act 1990 (schemes for meeting liabilities of health service bodies).

(5)An order made under sub-paragraph (1) may create or impose such new rights or liabilities in respect of what is transferred, or what is retained by the Secretary of State, as appear appropriate.

(6)In the case of any transfer made by an order under sub-paragraph (1), a certificate issued by the Secretary of State that—

(a)any property described in the certificate,

(b)any interest in or right over property so described, or

(c)any right or liability so described,

is vested in the specified Health Authority or Special Health Authority shall be conclusive evidence of that fact for all purposes.

(7)Sub-paragraph (1) does not affect any power of the Secretary of State to transfer any property, rights or liabilities to a Health Authority or Special Health Authority otherwise than under this paragraph.

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3(1)The Secretary of State may by order transfer on 1st April 1996 to a specified health service body any specified property held on trust by a Regional Health Authority immediately before that date.E+W

(2)In sub-paragraph (1) “health service body” means—

(a)a Health Authority,

(b)a Special Health Authority,

(c)an NHS trust,

(d)special trustees, or

(e)trustees for an NHS trust.

(3)Sub-paragraph (1) does not apply to property transferred by virtue of section 92 of the M79National Health Service Act 1977 on 1st April 1996.

(4)The Secretary of State shall exercise the power conferred by sub-paragraph (1) so as to secure that all property to which that sub-paragraph applies is dealt with in exercise of the power.

(5)In this paragraph references to property include references to any rights and liabilities arising from the property.

Annotations:

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4(1)The Secretary of State may by order transfer on 1st April 1996 to a specified Health Authority—E+W

(a)any specified property held by a District Health Authority or a Family Health Services Authority immediately before that date, or

(b)any specified rights or liabilities to which a District Health Authority or a Family Health Services Authority are entitled or subject immediately before that date.

(2)An order may be made under sub-paragraph (1) to have effect in relation to any specified rights or liabilities which immediately before 1st April 1996 are (by or by virtue of any enactment) enforceable by or against a District Health Authority or a Family Health Services Authority so that on and after that date they are enforceable by or against (or only by or against) a specified Health Authority.

(3)Sub-paragraph (1) does not apply to—

(a)property, rights or liabilities transferred to an NHS trust on 1st April 1996,

(b)property transferred by virtue of section 92 of the M80National Health Service Act 1977 on that date, or

(c)rights or liabilities which are transferred by paragraph 9 of this Schedule (or would be so transferred but for sub-paragraph (5) or (8) of that paragraph) or to which paragraph 14 of this Schedule applies.

(4)The Secretary of State shall exercise the power conferred by sub-paragraph (1) so as to secure that all property to which that sub-paragraph applies is, and all rights and liabilities to which that sub-paragraph applies are, dealt with in exercise of the power.

(5)In this paragraph references to property include trust property; and, for the purposes of this paragraph, rights and liabilities arising from trust property shall be treated as being part of the property (so that references in this paragraph to rights and liabilities do not include rights and liabilities arising from trust property).

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(b)any other asset leased or hired from a third party or in which a third party has an interest,

the transfer shall be binding on the third party even if, apart from this sub-paragraph, it would have required his consent or concurrence; and the order may contain such provisions as appear appropriate to safeguard the interests of the third party, including (where appropriate) provision for the payment of compensation of an amount to be determined in accordance with the order.

(2)Stamp duty is not chargeable in respect of any transfer effected by or by virtue of any of paragraphs 1 to 4.

(3)The references in sections 93(1), 94(1) and (3) and 96A(10) of the M81National Health Service Act 1977 (provisions about trust property) to section 92 of that Act include references to paragraphs 3 and 4 of this Schedule; and the reference in section 93(2) of that Act to Part IV of that Act includes a reference to those paragraphs.

Annotations:

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6Nothing in this Act prevents any rights or liabilities which immediately before 1st April 1996 are (by or by virtue of any enactment repealed by this Act) enforceable by or against a Special Health Authority from continuing on and after that date to be enforceable by or against the Special Health Authority.E+W

Staff of RHAs, DHAs and FHSAsE+W

7(1)The Secretary of State may—E+W

(a)by order made in relation to any specified description of relevant health authority employees specify the health service body to which they are to be transferred on 1st April 1996, and

(b)by scheme made in relation to relevant health authority employees designated by the scheme (either individually or as members of a class) designate the health service body to which they are to be transferred on 1st April 1996.

(2)In this paragraph and paragraphs 8 to 10 references to relevant health authority employees are to persons who immediately before 1st April 1996 are employees of—

(a)a Regional Health Authority,

(b)a District Health Authority, or

(c)a Family Health Services Authority,

other than persons to whom sub-paragraph (3) applies.

(3)This sub-paragraph applies to persons to whom section 6 of the National Health Service and Community Care Act 1990 (transfers of staff to an NHS trust) applies if the operational date of the trust in question (or, in the case of employees within subsection (5) of that section, the M82date on which they take up employment) is 1st April 1996.

(4)In this paragraph and paragraphs 8 to 11 references to a health service body are to—

(a)the Secretary of State,

(b)a Health Authority,

(c)a Special Health Authority, or

(d)an NHS trust.

(5)The Secretary of State shall exercise the power conferred by this paragraph so as to secure that all relevant health authority employees are dealt with in exercise of the power.

(6)A scheme may be made under this paragraph only if sub-paragraph (7) is satisfied in relation to each of the employees to be designated by the scheme.

(7)This sub-paragraph is satisfied in relation to an employee if—

(a)the employee, or such body as the Secretary of State may recognise as representing the employee, has been consulted about the scheme by the Secretary of State, or

(b)the Secretary of State is satisfied that the employee, or such body as the authority from which the employee would be transferred by the scheme may recognise as representing the employee, has been consulted about the scheme by that authority.

Annotations:

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8(1)This paragraph applies where, at any time during the period beginning with 1st April 1996 and ending with 30th September 1996, it appears to the Secretary of State appropriate for any relevant health authority employees to be transferred from the health service body to which they were transferred on 1st April 1996 to another health service body.E+W

(2)The Secretary of State may at any time during that period make, in relation to any of the employees who (in the opinion of the Secretary of State) ought to be transferred and are designated by the scheme (either individually or as members of a class), a scheme designating the body to which they are to be transferred on a date during that period designated by the scheme.

(3)A scheme may be made under this paragraph only if sub-paragraph (4) is satisfied in relation to each of the employees to be designated by the scheme.

(4)This sub-paragraph is satisfied in relation to an employee if—

(a)the employee, or such body as the Secretary of State may recognise as representing the employee, has been consulted about the scheme by the Secretary of State, or

(b)the Secretary of State is satisfied that the employee, or such body as the body from which the employee would be transferred by the scheme may recognise as representing the employee, has been consulted about the scheme by that body.

9(1)The abolition on 1st April 1996 of the authority by which a relevant health authority employee was employed immediately before that date does not operate to terminate his contract of employment.E+W

(2)Subject to sub-paragraph (3), the contract of employment of a relevant health authority employee shall have effect on and after that date as if originally made between the employee and the health service body to which he is transferred on that date.

(3)Where a scheme is made in relation to a relevant health authority employee under paragraph 8 his contract of employment shall have effect on and after the date designated by the scheme as if originally made between the employee and the health service body to which he is transferred on that date.

(4)Without prejudice to sub-paragraphs (2) and (3)—

(a)all the rights, powers, duties and liabilities of the authority or body from which an employee is transferred in accordance with an order or scheme made under paragraph 7 or 8 under or in connection with his contract of employment shall by virtue of this sub-paragraph be transferred to the body to which the employee is transferred in accordance with the order or scheme, and

(b)anything done before the date of the transfer by or in relation to the authority or body from which he is so transferred in respect of the employee or the contract of employment shall be deemed from that date to have been done by or in relation to the body to which he is so transferred.

(5)Sub-paragraphs (2) and (4) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the authority or body from which they would be transferred, or the body to which they would be transferred, that he objects to the transfer.

(6)Where an employee objects as mentioned in sub-paragraph (5) his contract of employment with the authority or body from which he would be transferred shall be terminated immediately before the date on which the transfer would occur; but he shall not be treated, for any purpose, as having been dismissed by that authority or body.

(7)This paragraph is without prejudice to any right of a relevant health authority employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

(8)This paragraph does not apply—

(a)to so much of a contract of employment as relates to an occupational pension scheme (within the meaning of section 1 of the M83Pension Schemes Act 1993), or

(b)to any rights, powers, duties or liabilities under or in connection with a contract of employment, or otherwise arising in connection with a person’s employment, and relating to such a scheme,

other than any provisions of the scheme which do not relate to benefits for old age, invalidity or survivors.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

10(1)A scheme made under paragraph 7 or 8 may provide that the contract of employment of a relevant health authority employee designated by the scheme shall, on 1st April 1996 (in the case of a scheme made under paragraph 7) or the date designated by the scheme (in the case of a scheme made under paragraph 8), be divided so as to constitute two separate contracts of employment with two health service bodies designated by the scheme.E+W

(2)Where a scheme makes such provision it shall provide for paragraph 9 to have effect in the case of the employee and his contract of employment subject to appropriate modifications.

11Where as a result of the operation of paragraph 9 an employee has both—E+W

(a)a contractual right against any health service body to benefits in the event of his redundancy, and

(b)a statutory right against the body to a redundancy payment,

any benefits provided to him by virtue of the contractual right shall be taken as satisfying the statutory right.

Early retirements on reorganisation under 1973 ActE+W

12The repeal by this Act of the National Health Service Reorganisation Act 1973 does not prevent the M84continuing operation on and after 1st April 1996 of section 44 of that Act (provision for early retirement in lieu of compensation for loss of office) or regulations made under that section (or of any other provision relating to that section or such regulations).E+W

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Accounts and winding up of affairs of RHAs, DHAs and FHSAsE+W

13(1)The Secretary of State—E+W

(a)shall keep, or prepare, any accounts which (but for this Act) would have been required by section 98 of the M85National Health Service Act 1977 (accounts and audit) to be kept, or prepared and transmitted, by a Regional Health Authority, and

(b)may do any other thing which appears appropriate in connection with the winding up of the affairs of a Regional Health Authority.

(2)The Secretary of State—

(a)shall by order provide that any accounts which (but for this Act) would have been required by that section to be kept, or prepared and transmitted, by a District Health Authority or Family Health Services Authority shall be kept, or prepared and transmitted, by a specified Health Authority, and

(b)may by order provide that any other thing which appears appropriate in connection with the winding up of the affairs of a specified District Health Authority or Family Health Services Authority shall be done by a specified Health Authority.

(3)An order made under sub-paragraph (2) may provide that the Health Authority keeping, or preparing and transmitting, accounts or doing any other thing shall be assisted by any other specified Health Authority.

(4)The provisions of subsection (1) of section 98 of the M86National Health Service Act 1977 relating to audit and examination shall apply in relation to accounts kept under or by virtue of this paragraph and related records and reports.

(6)Subsection (4) of that section shall apply in relation to accounts relating to Regional Health Authorities, District Health Authorities and Family Health Services Authorities in respect of the financial year ending with 31st March 1996.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Trustees etc.E+W

14(1)The Secretary of State may by order provide that a power to make any appointment (including an appointment of a trustee) which, immediately before 1st April 1996, is exercisable by—E+W

(a)a Regional Health Authority,

(b)a District Health Authority, or

(c)a Family Health Services Authority,

shall be exercisable on and after that date by a specified Health Authority or Special Health Authority.

(2)The Secretary of State may by order provide that any qualification for holding any office (including office as a trustee) which, immediately before 1st April 1996, consists of being a member or officer of—

(a)a Regional Health Authority,

(b)a District Health Authority, or

(c)a Family Health Services Authority,

shall, on and after that date, consist of being a member or officer of a specified Health Authority or Special Health Authority.

(3)An order under this paragraph may include provision for the appointment of a person holding any office to which it relates immediately before 1st April 1996 to continue, or not to continue, on and after that date.

Mental Health Review TribunalsE+W

15(1)On 1st April 1996 the Secretary of State shall be deemed to have determined by an order made under subsection (1B)(a) of section 65 of the Mental Health Act 1983 (Mental Health Review Tribunals) as regions for the purposes of subsection (1A)(a) of that section each of the M87regions for which, immediately before that date, a Regional Health Authority is established in pursuance of the M88National Health Service Act 1977.E+W

(2)Each Mental Health Review Tribunal in existence immediately before that date shall, subject to the provisions of that section and of Schedule 2 to that Act (provisions about Tribunals), continue on and after that date to be the Tribunal for the area for which it was the Tribunal immediately before that date.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Complaints and appealsE+W+S+N.I.

16(1)Nothing in this Act—E+W+S+N.I.

(a)prevents a complaint or appeal made (but not disposed of) before 1st April 1996 from being continued on and after that date, or

(b)prevents the exercise of any right to make a complaint or appeal which has arisen (but not been exercised) before that date at any time on or after that date when it would have been exercisable but for this Act.

(2)The Secretary of State may by order make such provision as appears appropriate in relation to complaints and appeals which may be continued, or any right which may be exercised, by virtue of sub-paragraph (1).

(3)Sub-paragraph (1) applies in particular—

(a)to complaints to the Health Service Commissioner for England or (except in relation to a Regional Health Authority) the Health Service Commissioner for Wales, and

(b)(except in relation to a Family Health Services Authority) to complaints in relation to which section 1 of the M89Hospital Complaints Procedure Act 1985 (directions as to hospital complaints procedure) applies.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Arrangements about certain hospital premises etc.E+W+S+N.I.

17The Secretary of State may by order make provision for and in connection with continuing in effect on and after 1st April 1996 any arrangements under paragraph 7 or 8 of the sixth Schedule to the M90National Assistance Act 1948 (transitional provisions) which are in force immediately before that date.E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

ContinuityE+W+S+N.I.

18(1)The abolition by this Act of Regional Health Authorities, District Health Authorities and Family Health Services Authorities on 1st April 1996 does not affect the validity of anything done by any of those authorities before that date.E+W+S+N.I.

(2)The Secretary of State may by order provide—

(a)for anything which immediately before 1st April 1996 is in the process of being done by or in relation to a Regional Health Authority, District Health Authority or Family Health Services Authority (or a particular such Authority) to be continued, and

(b)for anything done by or in relation to such an authority (or a particular such authority) before 1st April 1996 to be treated on and after that date as if done,

by or in relation to the Secretary of State or by or in relation to a Health Authority or Special Health Authority (or a specified such Authority).

(g)facilities, goods, materials and services made available, provided or supplied,

(h)payments made,

(i)proceedings (including appeals) begun, and

(j)recognitions granted or removed.

Instruments and other documentsE+W+S+N.I.

19(1)The Secretary of State may by order provide that any instrument (including an instrument made under any enactment) made by or in relation to a Regional Health Authority, District Health Authority or Family Health Services Authority shall continue in force on and after 1st April 1996.E+W+S+N.I.

(2)The Secretary of State may by order—

(a)provide that any reference in any instrument (including any instrument made under an enactment) or any other document to a Regional Health Authority, District Health Authority or Family Health Services Authority (or a particular such Authority) shall be construed on and after 1st April 1996 as being, or as including, a reference to the Secretary of State or to a Health Authority or Special Health Authority (or a specified such Authority), and

(b)make any other provision amending or otherwise modifying any such instrument or other document which appears appropriate in consequence of, or otherwise in connection with, any provision of this Act.

GeneralE+W+S+N.I.

20(1)The Secretary of State may by order make any transitional provision which appears appropriate in connection with any provision of this Act.E+W+S+N.I.

(2)Nothing in any other provision of this Act prejudices the generality of the power conferred by sub-paragraph (1).

(3)An order made under sub-paragraph (1) may, in particular, include any saving from the effect of any amendment or repeal made by this Act.

21Nothing in any provision made by or by virtue of this Schedule prejudices the operation of sections 16 and 17 of the M91Interpretation Act 1978 (effect of repeals).E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

InterpretationE+W+S+N.I.

22(1)In this Schedule “specified” means specified in an order made under this Schedule.E+W+S+N.I.

(2)Expressions used in both this Schedule and the M92National Health Service Act 1977 have the same meaning in this Schedule as in that Act.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

SCHEDULE 3E+W+S+N.I. Repeals and revocations

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E6Sch. 3: amending/repealing provisions are co-extensive with the enactments they affect see s. 9(2).

In section 19, in subsection (1), the words “, or for the region of a Regional Health Authority,” and “or of the region” and subsections (2)(b) and (3).

In section 22, the Table.

In section 93(2), the words “, or Part II of that Act of 1973”.

In section 96A, subsection (2), in subsection (6), the words from “to another” to “for an NHS trust” and, in subsection (8), the words “or by a Regional Health Authority” and “or that Authority”.

Section 97B.

Section 98(5).

In section 124(5), the words “or district”.

Section 126(1)(a).

In section 128(1), the definitions of “District Health Authority” and “health authority” and, in the definition of “local authority”, the words “and includes the King Edward VII Welsh National Memorial Association;”.

In Schedule 5, in Part III, in paragraph 9(1), the words “or a Regional Health Authority”, paragraph 10(3)(b) and (d), in paragraph 11, in sub-paragraph (2), the words “or, as the case may be, a Regional Health Authority’s”, “or the Authority” (in both places), “or itself” and “or paragraph (d)” and, in sub-paragraph (3), the words “or Regional Health Authority”, “or paragraph (b)” and “or the Authority” (in both places), in paragraph 12(b), the words “, and the exercise of functions by,” and paragraph 15(3).

In Schedule 6, in paragraph 1(1), the words “, or for the region of a Regional Health Authority, or the area or district of an Area or District Health Authority,”, in paragraph 2, the words “or (3)”, paragraph 4 and, in paragraph 5, the second sentence.

In Schedule 7, paragraph 8.

In Schedule 14, paragraph 16.

In Schedule 15, in paragraph 12, paragraph (a) and, in paragraph (b), the words from “and” to the end and paragraphs 58 and 59.

1978 c. 29.

The National Health Service (Scotland) Act 1978.

Section 17A(2)(i).

In Schedule 15, in paragraph 10(b), the words “94(b),”.

In Schedule 16, paragraphs 3(3) and 8.

1978 c. 30.

The Interpretation Act 1978.

In Schedule 2, in Part I, in paragraph 4(6), the words “the National Health Service Reorganisation Act 1973 and”.

In section 16, in subsection (2), the words “the relevant Regional Health Authority or, as the case may be,” and “the Regional Health Authority or, as the case may be,”, in subsection (3)(b), the words from the beginning to “Authority;”, in subsection (4)(c), the words “the Regional Health Authority or, as the case may be,” and subsections (5) and (7).

In section 62(7), in the definition of “health service body”, paragraph (vi) and the word “and” immediately preceding it.

In Schedule 1, Parts I and II and, in Part III, paragraph 6.

In Schedule 2, in Part III, in paragraph 23, in sub-paragraph (1), the words “of health authorities etc.” and sub-paragraphs (2) and (5) and paragraphs 24(1) and 25(a).

In Schedule 9, in paragraph 18, sub-paragraph (1)(b), in sub-paragraph (7), in paragraph (a), the words from “for paragraph (e)” to “and” and paragraph (c) and sub-paragraph (13)(a), in paragraph 24, in sub-paragraph (3)(a), the words from “, and after” to “ “trust or””, sub-paragraph (4), in sub-paragraph (5), the words from “after” to “ “trusts” and” and sub-paragraph (6), paragraph 26(1), paragraph 29 and, in paragraph 32(1), in paragraph (a), the words “the word “and” at the end of sub-paragraph (ii) shall be deleted and” and paragraphs (b) and (c).

1990 c. 23.

The Access to Health Records Act 1990.

In section 7(1), the words “or Family Practitioner Committee”.

1990 c. 44.

The Caldey Island Act 1990.

In section 3, the words “and the district of the Pembrokeshire Health Authority”.

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